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ECHR Flashcards

1
Q

Article 3 ECHR

A

Right to freedom from torture

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2
Q

Article 4 ECHR

A

Right to freedom from slavery

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3
Q

Article 5 ECHR

A

Right to personal liberty

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4
Q

Article 6 ECHR

A

Right to a fair trial

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5
Q

Article 7 ECHR

A

Right to freedom from retrospective punishment

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6
Q

Article 8 ECHR

A

Right to private and family life

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7
Q

Article 9 ECHR

A

Right to freedom of thought, conscience and religion

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8
Q

Article 10 ECHR

A

Right to freedom of expression

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9
Q

Article 11 ECHR

A

Right to freedom of assembly

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10
Q

Article 12 ECHR

A

Right to marry

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11
Q

Article 13 ECHR

A

Right to an effective remedy

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12
Q

Article 14 ECHR

A

Right to freedom from discrimination

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13
Q

Is Article 2 limited, qualified or absolute?

A

Limited

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14
Q

Is Article 3 limited, qualified or absolute?

A

Absolute

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15
Q
A
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16
Q

Is Article 4 limited, qualified or absolute?

A

Limited

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17
Q

Is Article 5 limited, qualified or absolute?

A

Limited

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18
Q

Is Article 6 limited, qualified or absolute?

A

Limited

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19
Q

Is Article 7 limited, qualified or absolute?

A

Absolute

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20
Q

Is Article 8 limited, qualified or absolute?

A

Qualified

21
Q

Is Article 9 limited, qualified or absolute?

A

Qualified*

22
Q

Is Article 10 limited, qualified or absolute?

A

Qualified

23
Q

Is Article 11 limited, qualified or absolute?

A

Qualified

24
Q

Is Article 12 limited, qualified or absolute?

A

Limited

25
Q

Is Article 13 limited, qualified or absolute?

A

Absolute

26
Q

Is Article 14 limited, qualified or absolute?

A

Absolute

27
Q

Which Article of the ECHR does Golder v UK relate to?

A

Article 6 - Right to a fair hearing

28
Q

Which Article of the ECHR does Handyside v UK relate to?

A

Article 10 - Right to freedom from expression

29
Q

Which Article of the ECHR does Pretty v UK relate to?

A

Article 8 - Right to private and family life

30
Q

How are judges appointed to the European Court of Human Rights? 3 steps…

A

1) Elected by Parliamentary Assembly of Council of Europe

2) Each of 46 National govts nominates 3 domestic judges

3) Sub-Committee of Parliamentary Assembly chooses one

31
Q

Proportionality

A

Balancing the general interests of the community with protecting individual rights.

32
Q

Margin of appreciation

A

A form of legal discretion recognising that a state can be presumed to be best qualified to appreciate issues facing its own jurisdiction.

33
Q

What value is enshrined in a wide margin of appreciation?

A

Respecting and upholding domestic states’ sovereignty

34
Q

What value is enshrined in a narrow margin of appreciation?

A

Prioritisation of rights protections according to the Strasbourg interpretation.

35
Q

What was created following the Brighton Declaration 2012?

A

Protocol 15

36
Q

What is Protocol 15?

A

Added to the preamble of the ECHR in 2012 following the Brighton Declaration + codifies the principle of subsidiarity and margin of appreciation.

37
Q

Which Article of the ECHR did Chahal v UK concern?

A

Article 3 - Right to freedom from torture (Absolute right)

38
Q

What was the result in Chahal v UK?

A

Having considered the context of India’s treatment of Sikh separationist movement and its history of torture, and the nature of Article 3 being absolute, the court held the states’ margin of appreciation should be construed narrowly.

39
Q

Name a criticism of the margin of appreciation

A

Codifying the margin of appreciation in Protocol 15 was criticised for being political / preserving member states’ consent to be bound by the ECHR, rather than to protect rights.

40
Q

Which Article of the ECHR does the Rwanda Migration Partnership relate to?

A

Article 3 - Right to freedom from torture (absolute)

41
Q

Define torture

A

Has a ‘special stigma’ and is defined as the ‘deliberate and inhuman treatment causing very serious suffering’.

42
Q

Define inhuman treatment

A

‘Actual bodily injury or intense physical or mental suffering’.

43
Q

Define degrading treatment

A

‘Treatment that humiliates… an individual… diminishing their human dignity.’

44
Q

What is a Rule 39 interim measure?

A

An urgent measure (comparable to an injunction) applies by the European Court of Human Rights, ONLY where an imminent risk of irreversible harm contrary to Article 3.

45
Q

AP and others v France established… (3 factors)

A

1) The need to demonstrate an ‘irreversible’ change of appearance violated Article 8.

2) No violation of Article 8 re requirement to demonstrate a gender identity disorder.

3) No violation of Article 8 re requirement to undergo an intimate medical examination

46
Q

What procedure did the Police, Crime, Sentencing and Courts Act 2022 use to change the meaning of ‘serious disruption’?

A

Affirmative resolution procedure

47
Q

What is the constitutional issue raised by the Public Order Act 2023?

A

UK Government’s use of a Statutory Instrument to change the meaning of ‘serious disruption’ to introduce a change that was already rejected by Parliament.

48
Q

Relevance of Henry VIII powers to the Police, Crime, Sentencing and Courts Act 2022?

A

Amends s.14 of the 1986 Public Order Act, but adds in a Henry VIII powers allowing the Secretary of State to amend the Public Order Act itself.

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